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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-11-29 Daily Xml
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Bills

Work Health and Safety (Industrial Manslaughter) Amendment Bill

Final Stages

The House of Assembly agreed to the bill with the amendments indicated by the following schedule, to which amendments the House of Assembly desires the concurrence of the Legislative Council:

Amendment No 1 -Clause 2, page 2, lines 6 and 7—Delete clause 2 and substitute:

2—Commencement

(1) Subject to subsection (2), this Act comes into operation on the day on which it is assented to by the Governor.

(2) Part 2 of this Act (other than section 7(2) and (3)) comes into operation on a day to be fixed by proclamation.

Amendment No 2 -Clause 4, page 3, after line 38 [clause 4, inserted section 30A]—After subsection (3) insert:

(4) To avoid doubt, an offence against this section is a major indictable offence.

Amendment No 3 -Clause 7, page 4, after line 17—After the present contents (now to be designated as subclause (1)) insert:

(2) Section 230(7)—delete 'Committal proceedings for an indictable' and substitute:

Subject to subsection (10), committal proceedings for a minor indictable

(3) Section 230—after subsection (9) insert:

(10) Despite subsections (7) and (8) or any other provision of this Act, a summary or minor indictable offence against this Act that is charged on the same information as a major indictable offence against this Act or any other Act will be dealt with according to the procedures applicable to major indictable offences under the Criminal Procedure Act 1921.

Note—

See section 102(3) of the Criminal Procedure Act 1921.

(11) Section 6A(3) of the South Australian Employment Tribunal Act 2014 does not apply in relation to a summary or minor indictable offence referred to in subsection (10).

(12) To avoid doubt, an information for a major indictable offence against this Act must be laid in the Magistrates Court and be dealt with according to the procedures applicable to major indictable offences under the Criminal Procedure Act 1921.

Amendment No 4 -New Schedule, page 4, after line 26—After clause 9 insert:

Schedule 1—Transitional and saving provisions

1—Transitional and saving provisions

(1) Section 230 of the Work Health and Safety Act 2012 (as amended by section 7(3) of this Act) will be taken to apply in relation to an information containing a charge of—

(a) a major indictable offence against the Criminal Law Consolidation Act 1935 or any other Act; and

(b) a summary or minor indictable offence against the Work Health and Safety Act 2012,

laid before the commencement of this clause (and to avoid doubt, section 6A(3) of the South Australian Employment Tribunal Act 2014 will be taken not to apply in relation to the offences referred to in paragraph (b)).

(2) Despite section 230(7) of the Work Health and Safety Act 2012 (as in force immediately prior to the commencement of section 7(2) of this Act) committal proceedings for a minor indictable offence referred to in subclause (1)(b) may be conducted in the Magistrates Court in accordance with the Criminal Procedure Act 1921.

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